The Uganda Prisons Service has listed 2,100 inmates for Presidential pardon. The constitution empowers the President to pardon prisoners on the presidential prerogative of mercy upon advice of the Committee of Clemency and the Attorney General. The Uganda Prisons Spokesperson, Mr. Frank Baine said the list was submitted to the Attorney General's office (Ministry of Justice and Constitutional Affairs) in August this year and they are awaiting a response from the President's office.

KAMPALA - The Minister of Justice and Constitutional Affairs, Hon. Maj. Gen. (Rtd) Kahinda Otafiire this afternoon met with a visiting delegation from Estonia led by the Deputy Foreign Affairs Minister, Hon. Väino Reinart. The Estonian delegation is in the country on a two-day official visit to engage with the Government of Uganda on aspects cooperation and partnership between Uganda and Estonia in the information and communications technology (ICT) sector.

The Honorable Minister welcomed Hon. Reinart to Uganda and underscored the need for increased partnership between Uganda and Estonia not only in the domain of ICT but in other economically viable fields of agriculture, transport, power generation and tourism. He further requested the Estonian delegation to explore Public Private Partnerships (PPP) as a viable model for implementation of projects in Uganda.

The Ag. Solicitor General, Ms. Harriet Lwabi in her remarks underscored the need for technology driven processes in the Ministry. She said this would relate to areas of case management, electronic records management, information sharing and collaboration. Ms. Lwabi also emphasised the need for integration of information systems among all players in the Justice, Law and Order Sector (JLOS) as a mechanism for improving effectiveness and efficiency in service delivery.

Hon. Reinart thanked the minister for the warm welcome and said Estonia is eager to create long lasting partnerships with Uganda that will facilitate knowledge transfer and human capacity development in the implementation of E-Government programs. He invited the minister to visit Estonia later this year to see first-hand how technology has revolutionised the Estonian economy, contributed to improved access to services in the justice sector and facilitated citizen empowerment.

Present at this meeting from the Ministry of Justice was the Director of Legal Advisory services, Mr. Christopher Gashirabake; the Director First Parliamentary Counsel, Ms. Harriet Lwabi (and Ag. Solicitor General); representatives from the Directorate of civil Litigation, the Law Council and the JLOS Secretariat.

Hon. Reinart was accompanied by officials from the Ministry of Foreign Affairs, and business representatives from leading ICT players in Estonia’s private sector such as Net Group, Nortal and Aktors. During this visit, the Estonian delegation will also pay a courtesy call on the Deputy Chief Justice, Hon. Justice Alphonse Owiny-Dollo.

The Government of Uganda through the Ministry of Justice and Constitutional and other state agencies in May and June 2015 successfully negotiated and facilitated the transfer of Ugandan prisoners serving sentences in the Republic of Mauritius. The prisoners were transferred to Uganda to serve the remaining part of their sentences in accordance with the bilateral agreement between GoU and the Mauritius government on transfer of convicted offenders.

According to Mr. Farouq Lubega, a Senior State Attorney in the Ministry of Justice and Constitutional Affairs privy to this extradition process, the transfer of these prisoners was triggered by a petition from their relatives to Hon. Kahinda Otafiire, the Minister of Justice and Constitutional Affairs. The prisoners in question are Miriam Mpopoya (sentenced to 25 years in 2008 on charges of importation of heroin and assault of a public functionary); Mr. Fred Asiimwe Kato (sentenced to penal servitude for life in 1998); Mr. James Mukasa Kanamwanje (sentenced to 25 years in 1998 for importation of heroin); Mr. Francis Igudo Tukei (sentenced for 19 years in 2008 for importation of heroin); and Ms. Ann Willus Kayiwa (sentenced for 25 years in 2008 for importation of heroin with averment of trafficking).

The Transfer of Convicted Offenders Act (2012) provided the legal basis for this transfer. This act assented to by the president on July 27 2012 makes provision for the mutual transfer of convicted offenders between Uganda and other Commonwealth countries for the purpose of serving their sentences of imprisonment. The act also provides for the conditions, treatment and other arrangements in respect of persons liable to be transferred.

A team of government of Uganda officials that included Mr. Farouq Lubega (Ministry of Justice and Constitutional Affiars); Ms. Doreen Kazoora Asiimwe (Foreign Affairs); Mr. Edyadu Fauscents and Mr. Abio Rock Evans (Prisons Service) travelled to Mauritius in April 2015 to facilitate this transfer. The first group of transfered prisoners arrived in Uganda via Entebbe International Airport on May 2 2015 and was taken to Luzira Prison to serve the remaining part of their sentences. The second group of (two) prisoners is expected to be transferred by the end of June 2015.

KAMPALA – Hon. Fredrick Ruhindi has pledged to continue working towards a “people centered institution” in his new role as the Attorney General. This was during the handover ceremony of the office of the Attorney General held this morning at the Ministry of Justice and Constitutional Affairs. His Excellency the President appointed Hon. Ruhindi the new Attorney General replacing Hon. Peter Nyombi during a cabinet reshuffle on March 1 2015.

Hon. Fredrick Ruhindi joined the Ministry of Justice in 1991 as a State Attorney and from June 2006 and February 2015 served as the Minister of State for Justice and Constitutional Affairs and the Deputy Attorney General. During this period (as deputy AG), he served under two Attorney’s General – Hon. Prof. Kiddhu Makubuya and Hon. Peter Nyombi.

During the handover ceremony witnessed by the Solicitor General, Mr. Francis Atoke and various heads of directorates and departments and other ministry staff, Hon. Ruhindi paid a warm and glowing tribute to outgoing AG Hon. Peter Nyombi. He recounted the earlier days when Hon. Nyombi worked in the First Parliamentary Counsel and referred to him as a source of inspiration. “He inspired us as young people…tall, elegant and smart..”, Hon. Ruhindi said of Hon. Peter Nyombi. He also went on to thank Hon. Nyombi for the comprehensive handover report which he said would guide him and the entire ministry in his new work as Attorney General.

Hon. Nyombi in his remarks thanked God for the opportunity of working as Attorney General for the last four years (since 2011) and thanked Hon. Fredrick Ruhindi, Hon. Kahinda Otafiire (Minister of Justice and Constitutional Affairs) and Mr. Francis Atoke (Solicitor General) for the cooperation accorded during his term. He highlighted of areas and issues that are being handled by the Attorney General’s Chambers which include: Government handover of land titles to the different kingdoms, Amuru Sugar Factory, the Sango Bay Project, ongoing arbitration cases in London between Tullow Oil and Government of Uganda as well as issues relating to constitutional amendments. The details are contained in a report handed over to Hon. Fredrick Ruhindi.

KAMPALA -- In a cabinet reshuffle announced by President Yoweri Museveni this afternoon, Hon. Fredrick Ruhindi has been appointed the Attorney General replacing Hon. Peter Nyombi. Hon. Ruhindi previously served as the Deputy Attorney General and State Minister for Justice and Constitutional affairs. Hon. Mwesigwa Rukutana (formerly the Minister of State for Labor) replaces Hon. Ruhindi as the Deputy Attorney General. Hon. Maj. Gen. (Rtd) Kahinda Otafiire retained the position of Minister of Justice and Constitutional Affairs.

In other developments, Hon. Aronda Nyakairima was retained as the Minister of Internal Affairs while Hon. Evelyn Anite was appointed the State minister for Youth and Children Affairs replacing Hon. Ronald Kibuule who is now the Minister of State for Water. Hon. Mary Busingye Karooro Okurut was named the new Minister of Security. Hon. Karooro prior to the cabinet reshuffle was the Minister of Gender, Labor and Social Affairs. Hon. She has now been replaced by Hon. Muruli Mukasa.

Below is how the cabinet reshuffle announced today shapes up ministerial positions in the Justice, Law and Order Sector and the JLOS Leadership Committee:

The legislative process takes the following steps when legislation is being proposed by a Ministry or Government Department in Uganda –

1. The Ministry concerned approaches Cabinet through a Cabinet Memorandum with a proposal for Cabinet to approve the principles for the drafting of the Bill. Cabinet approval in principle is required before drafting of the subject legislation. This is provided for under paragraph 2 of Section (Q-b) of the Uganda Public Service Standing Orders, 2010.

2. Paragraph 2(b) of Section (Q-b) however permits a Bill to be drafted by the First Parliamentary Counsel if the Attorney General or Solicitor General authorises the drafting of the Bill without reference to Cabinet. According to the paragraph, this authority should be granted only in special circumstances. The request for the authority should be made through the responsible Minister.

3. Cabinet then considers the proposals as contained in the Cabinet Memorandum of the Ministry concerned and approves the principles on the basis of which a Bill is to be drafted.

4. When Cabinet approves the principles for the drafting of a Bill, it authorises the responsible Minister to issue drafting instructions to the First Parliamentary Counsel/Attorney General to draft the necessary legislation.

5. The Ministry concerned would then request the First Parliamentary Counsel through the Attorney General to draft the legislation on the basis of the approved principles as contained in a Cabinet Minute.

6. Where the instructions are not clear, the First Parliamentary Counsel will ask the Ministry concerned for further instructions and where necessary request that Ministry to identify an officer in the Ministry to liaise with the office of First Parliamentary Counsel in the drafting of the Bill.

7. In drafting the legislation, the office of the First Parliamentary Counsel will interact with the Ministry concerned to arrive at an agreed draft.

8. The Ministry concerned may again consult stakeholders as to the contents of the Bill.

9. The Ministry concerned will have to submit the Bill to Cabinet for approval together with a Cabinet Memorandum and any comments of the stakeholders. Paragraph 7 of Section (Q-b) of the Uganda Public Service Standing Orders, 2010 provides that no Bill without exception should be published unless it has been submitted to Cabinet for approval.

In the course of drafting the Bill the draftsperson is required to bear in mind the need to keep informed the Law Officers namely, the Attorney General and the Solicitor General. This is regulated by paragraph 6 of Section (Q-b).

By This email address is being protected from spambots. You need JavaScript enabled to view it., This email address is being protected from spambots. You need JavaScript enabled to view it. and This email address is being protected from spambots. You need JavaScript enabled to view it. | Published: March 6, 2014

MBALE -The Ministry of Justice and Constitutional Affairs with support from the Justice, Law and Order Sector on Friday September 27, 2013 conducted a sensitization workshop on management of government contracts and legal proceedings for local governments in Eastern Uganda. The workshop, that was held at Protea Hotel attracted over 150 local government officials from the districts of Mbale, Iganga, Soroti, Kumi, Tororo, Bukedea, Namutumba, Kapchorwa, Jinja, Moroto, Kamuli, Butaleja, Sironko, Amuria among others. The workshop was organised to sensitize local governments on the role of the Attorney General in the procurement process and other Government commitments by MDAs and local governments.

The Solicitor General in his remarks delivered by Ms Ketra Katunguka (Commissioner, Directorate of Legal Advisory Services) said that government procurement is highly regulated by both domestic procurement law and internationally accepted procurement guidelines and must therefore be conducted in a manner which promotes transparency, accountability and fairness. This calls for government procurement to maximise competition and achieve value for money - principles the Attorney General’s office must adhere to when exercising its constitutionally mandated functions.

The Attorney General, who was represented by the Director of Civil Litigation Mr. Cheborion Barishaki said that a significant number of legal proceedings against government today are as a result of the mismanagement of contracts and/or failure to honor contractual obligations. He added that the Ministry of justice and Constitutional Affairs thought it necessary to hold this workshop to sensitize the key stakeholders in Eastern Uganda on the management of contracts and compliance with contractual obligations to improve on contract administration.

During the workshop, presentations were made on the functions of the Directorate of Legal Advisory Services, which advises on contracts. Presentations were also made by the Directorate of Civil Litigation, on its role when court disputes arise between Government and a provider. The Deputy Inspector General of Government, Mr. George Bamugemereire presented a paper on integrity in the government procurement process where he underlined the urgent need for transparency and accountability at all levels. Justice Henry Kawesa from the Mbale High Court discussed case flow management in JLOS institutions focusing on the process through which a case passes from commencement to completion. Justice Kawesa emphasized the need to strengthen the 3Cs of Communication, Cooperation and Coordination as a basis for good case management in the Justice, Law and Order Sector.

Participants at the workshop warmly welcomed the interaction with the Attorney General’s chambers on contracts management as a step in the right direction on the path toward better service delivery in local government procurement processes. During the plenary discussions, participants raised a number of issues. These included the matter of low staff in the Attorney General’s chambers to effectively serve all the local governments across the country, the stringent public procurement laws, issues of contract financing (in the context of budget cuts when contracts have already been signed) and low remuneration of public officers as the root cause of corrupt tendencies.

On the matter of low staffing of the Attorney General’s chambers, the participants were informed of the ongoing efforts to recruit more state attorneys by the Ministry of Public Service. Relatedly, regional offices for the Ministry of Justice and Constitutional Affairs were being set up in various parts of the country to bring government legal services closer to the beneficiaries. The issue of stringent public procurement laws was put into the context of the need to ensure transparency and fairness. However, it was also explained that there is a legal provision for local governments to propose amendments to these regulations where deemed necessary. Much as government is currently addressing the challenge of staff remuneration, it was emphasized that integrity in the contractual process is of paramount importance if institutions are to achieve their goals and objectives

The Ministry of Justice and Constitutional Affairs has, since last year (2012), carried out these sensitization workshops mainly as a result of Government increasingly losing cases in courts of law. In most scenarios, these losses are a result of government officials not adhering to and maintaining the consultative process with the Attorney General’s chambers on Constitutional matters, especially on interpretation and contract negotiation. The interaction between officials from the Attorney General’s chambers is therefore viewed as a feasible step in tackling these gaps in service delivery saving the tax payer lots of money as well as streamlining service delivery.

Reporting by This email address is being protected from spambots. You need JavaScript enabled to view it. in Mbale | Published: October 1, 2013

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